The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-31
PACIFIC RAILWAY.
Justice Fields, Of the Supreme Court,
Renders His Decision.
The Commission Cannot Compel tho
Surrender Of the Central
Pacific Books.

10 tho opinion deciding that the ra-
cifc Commission cannot compel the
surrender of the Central Pacific books,
Justice Field, OF the United States su-
preme Court, said:
Sew rights are Of greater impor.
lance or more essential to citizens
peace and happiness than the right OF
personal security, ard that involves
no. merely the protection OF his per-
son from assault, but exemption Of
his private Rflsire, books and papers
from the Inspection aud scru-
tiny OF Others. Without the
enjoyment OF this right all
other rights would lose half their
va'ue. The law provides TO- compul-
sorry production in the progress OF
judicial proceedings, 90 by direct cult
for that purpose. q such documents as
effect the interest OF others, end also
In certain cases Tor the seizure Of crim'
mating papers necessary for the prose-
cution OF offenders against public jus
tice, and only in one Of these ways con
they be obtained aud their contents
made known against the will Of the
owners. The &C. oil CIpgres, not only
authorizes q searching investigation
into the methods, affairs and business
OF the Central Pacific Railroad Com
peny, but II makes 1t the duty OF the
Railroad Com mission to inquire into,
10 ascertain and rerort Whether any OF
the direc ora, ofiictp, or employees OF
that company have been or ara now,
directly or indirectly, interested, and
to what amount or extent, In any
other railroad, steamship, telegraph,
express, mining, construction or other
business company or corporation, and
with which any agreements, under
taking or leases have been made or
entered into. There are over one
hundred officers, principal and minor,
OF the Central Pacific Railroad Com.
psny, and nearly 5000 employees. II
lie not unreasonable TO suppose that
q large portion Of these have the came
interest az stockholders, or otherwise,
In some other company or corporation
with which railway company they
may have an agreement oil some kind,
and Il would be difficult to state the
extent 10 which az examination OF
the commissio into the private az
fairs OF these persons may not go, II
the mandate Of the act could be ihlly
carried ont. The commission Is lin.
tied In its inquiries 10 the interest Of
.hsss directors, officers and employees
in any other business, company or
corporation, 10 such matters az
these persons may choose 10 dis
close. They c2nnot be compelled
to open their books aud ex-
pose euch other business to the
inspection and examination Of the
commission. With reference 10 the
vouchers. respecting which the piinci.
pa interrogalonrs are propounded,
aud 10 which we ere ssked 10 compel
answers from the witness, II is con
coded by the commissioner on his
motion that m1neys covered bv them
were no. charged against the United
4 atee In sseertaining the net earnings
Of tho company. II such was the case,
y 4 diificult g. see wha, inieresl the
Uaitsd states can have In the diepoei.
t.ol Of those moneys, Do tina, as II
may, the genera c0ufts cannot upon
too. cOrcse.iop aid tbe commission 10
ceriainiug now the moneys we're
expendtd rnose courts cannot be-
come an instrument Of the commission
in iuftheriug its inve'tiga'ion. The
act Of OongrUss creating the Railroad
Commission IN terms provides, 90
a,ready stated. that 10 may invoke The
aid OF any CiTonit or District Court TO
require tie attendance Of witnessed
AID tho production Of book, papera
and dcc1ments relating 70 tue subject
OF tic inquiry, aud ennowe:a the
court, for cJntum cy OF refusal Of per-
sons 90 obey guhpmlss 10 them, 20
issue orders rqnrpg them 10 appear
before too commissioners, or other OF
item, aud produce the books and pa.
pers ordered, and give evidence touch.
Ing the matters In question, aud
10 punish dis3bedienoe 10 IT.
oT6eft, and does not appear 10 leave
any difcroiiOn In the matter With the
court. The Federal Courts cannot b.
made instruments 10 aid ,bo commits.
sioners "a their Investigations, and 4
also renders II unnecessary 70 make
any comment upon the eK TAordinsry
position taken by Them according q
the abatement Of the respondent, "a
- a. 4 A A a
not regard themselves blund la theII
exAmina on by the ordinary rules Of
evidence, bat wouid receive heie6ay
and II parte statements, eurmises and
iuionnsiion Of every character lhgi
might he called 10 their attention. i
csnnct be that the courlg Of the United
States can be used 20 the furihersnol
Of inveliig stions In which Gil rules 81
evidence may be thus diaregarded.
Judges SAWvaF and stbiuO read CON